{
  "id": 5167288,
  "name": "Anna L. Martin et al. v. Sarah A. Cole et al.",
  "name_abbreviation": "Martin v. Cole",
  "decision_date": "1896-04-13",
  "docket_number": "",
  "first_page": "452",
  "last_page": "453",
  "citations": [
    {
      "type": "official",
      "cite": "63 Ill. App. 452"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 231,
    "char_count": 3200,
    "ocr_confidence": 0.529,
    "sha256": "15223da3d31790d1ad748ddc378845aa4b604d0dea505af8408fef40afcd1152",
    "simhash": "1:74026c45fcd6b5ec",
    "word_count": 555
  },
  "last_updated": "2023-07-14T18:54:49.987215+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Anna L. Martin et al. v. Sarah A. Cole et al."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Waterman\ndelivered the opinion of the Court.\nFlo final decree as to the matters and things in controversy has been made, but \"merely that the receiver for an indefinite time continue to carry on the business of the Bankers & Merchants\u2019 Association. The only final order was that Anna and Henry Martin pay the costs of the proceedings.\nSuch order was premature; it is therefore reversed.\nAs to all other matters, findings and orders of the Circuit Court, the writ of error is dismissed.\nOrder as to costs reversed; as to all other matters, writ of error dismissed.",
        "type": "majority",
        "author": "Mr. Justice Waterman"
      }
    ],
    "attorneys": [
      "Samuel Richolson and Marshall Drake, attorneys for plaintiffs in error.",
      "Frank W. Blair, attorney for defendants in error."
    ],
    "corrections": "",
    "head_matter": "Anna L. Martin et al. v. Sarah A. Cole et al.\n1. Error and Appeal\u2014From Final Orders.\u2014A writ of error does not lie until there is a final decree as to the matters in controversy.\nIn Equity.\u2014Error to the Circuit Court of Cook County; the Hon. Elbridge Hanecy, Judge, presiding. Heard in this court at the March term, 1896.\nWrit dismissed.\nOpinion filed April 13, 1896.\nStatement of the Case.\nThis was a bill by Sarah A. Cole, widow of Geo. W. Cole, making her two children and The Bankers & Merchants\u2019 Association parties defendant, praying for a receiver to conduct the business of the corporation. The bill alleges that the defendant is a corporation, a collection agency; that Geo. W. Cole in his lifetime was possessed of all the stock of the corporation, and was its sole manager; there was a large amount of business on hand demanding immediate attention; a large amount of money in bank which the bank refused to pay out because there was no one authorized to receive it; that Geo. W. Cole was killed by the cable cars, October 29, 1895, and complainant and defendants Cole are his sole heirs and representatives, and have no experience in the business, and pray that a receiver be appointed to take charge of the business.\nO. H. Smith was appointed receiver on an ex parte order, November 4th, and took charge of the business November 5 th, finding Anna L. Martin and Henry F. Martin in possession and running the business as stockholders and officers of the corporation.\nAnna L. Martin and Henry F. Martin came in and filed their answer, setting up their ownership of the stock of the corporation, and on bill and answer the matter was referred to a master in chancery.\nThe decree of the court, to reverse which this writ of error is prosecuted, after making various findings, is as follows :\n\u201c The court doth further find that after the death of the said George W. Cole, the said Bankers & Merchants\u2019 Association ceased to do the business for which it was organized, within the terms of section 25 of the statute entitled \u201c Corporations,\u201d and that it is for the best int\u00e9rests of the creditors that the receiver heretofore appointed be continued in said receivership.\nIt is further ordered, however, that said receiver do not proceed to wind up or dissolve said Bankers & Merchants\u2019 Association, but shall carry on the same as heretofore, until such time as the contest over the alleged will of George W. Cole, deceased, and the rights of the parties under the same, are definitely determined.\nSamuel Richolson and Marshall Drake, attorneys for plaintiffs in error.\nFrank W. Blair, attorney for defendants in error."
  },
  "file_name": "0452-01",
  "first_page_order": 448,
  "last_page_order": 449
}